The Problem

The Fairfax County Noise Ordinance (Chapter 108.1 of County Code) does not effectively regulate noise and disturbances that can be heard through the walls of adjacent dwellings. While the County Code imposes broad restrictions via the definition of “Quiet Hours”, the Code does nothing to protect or empower homeowners who are subject to repetitive, intentional, or punitive noise nuisance outside of the “Quiet Hours”. 

As a result, homeowners in Fairfax County, including those whose HOA Rules and Regulations reference the Fairfax County Noise Ordinance, are severely restricted in the measures that can be taken to resolve matters of noise nuisance.

The Background

We are residents of the Golf Course Island Association in Reston. For the last six months we have endured excessive noise nuisance that has been unresolvable through multiple extrajudicial avenues to include owner-to-owner mediation, the Home Owner’s Association, Fairfax County Code Compliance, and the Fairfax County Police. On a near daily basis, noise can be heard emanating from the adjacent dwelling, through a shared concrete block wall, and into our dwelling. 

As residents of Reston and Fairfax County, we are frustrated at the lack of protection for homeowners’ enjoyment of their property and the lack of enforcement power existing in the current Fairfax County Noise Ordinance and the current HOA Rules and Regulations for Golf Course Island that reference the Fairfax County Code.

Not up for argument here is the noise resulting from every day life: home maintenance, lawn mowing, cookouts, gatherings, and celebrations. Those are aspects of life that we all should feel free to enjoy.

What is at argument, and the heart of the need for change, is the inability to address consistent noise nuisance within the Fairfax County Noise Ordinance. We want to help change the Noise Ordinance to protect and increase the rights of homeowners and the enjoyment of their property.

While concerns and complaints can be raised to the Fairfax County Code Compliance, they have been ineffective in the described matter.

What’s The Change

The current Fairfax County Noise Ordinance does little to protect homeowners from consistent nuisance caused by excessive noise outside of the established “Quiet Hours”.

While the County Code defines maximum decibel levels outside of “Quiet Hours”, 60dB for residential areas, sounds on the order of 40dB-45dB, as measured by a decibel meter, are plainly audible across the boundaries of adjacent dwellings. It’s clear the codified measure of decibel level definition in the Noise Ordinance does not sufficiently address noise nuisance. 

When sounds become consistent and occur throughout the day for months on end, the result is a significant drop in quality of life and ability to enjoy your home.

The Loudoun County Noise Ordinance (Chapter 654.02 of Loudoun County Code) imposes a stronger regulation against noise nuisance, stating “No person shall permit, operate, or cause any source of sound or sound generation to create a sound that is audible and discernible in any other person’s residential dwelling with the doors and windows to that other person’s residential dwelling closed.” 

If the Fairfax County Noise Ordinance had a similar general prohibition as the Loudoun County Noise Ordinance, the problem described here, and it can be assumed many others, could be immediately addressed and resolved.

What Are We Asking of Our Neighbors?

We are asking for your support if you believe the Fairfax County Noise Ordinance should be further strengthened to address continuous noise nuisance across adjacent dwellings similar to the Loudoun County Code referenced above. As homeowners, we all should be able to enjoy the use of our homes without consistent noice nuisance eroding quality of life.

Please leave a comment and let us know your thoughts.

Next Steps

We are still figuring that out, but we believe the Fairfax County Noise Ordinance and HOA Rules and Regulations could have greater protections for homeowners against noise nuisances. We want to start by bringing awareness to the inadequacies of the current Fairfax County Noise Ordinance.

We are frustrated to find ourselves in a position where no extrajudicial path to resolution exists within the current Fairfax County Noise Ordinance and the current HOA Rules and Regulations.

We’ll use the results of this petition to inform our next steps, as well as any engagement we have with the Fairfax County Board of Supervisors, or others, as it relates to requests for changes to the Noise Ordinance.